Dallas Austin

In 2025, the Texas Supreme Court issued its decision in Pitts v. Rivas, setting off a firestorm across the state of Texas about whether contracts no longer matter for professionals, particularly design professionals. If the “gist” of a complaint against an architect or engineer is that its services did not meet the applicable standard of care, can the design professional rely on waivers of consequential damages or limitations of liability or even scope exclusions written into their services agreements? Key Findings of Pitts v. Rivas: – If the “gist of a client’s complaint” or �

In an industry that relies heavily on contract compliance, construction contractors and suppliers operate with little room for error – particularly when it comes to job-critical equipment. A recent memorandum opinion from the Texas Court of Appeals out of Dallas, as see in Fabricating Machinery, Inc. v. RLB Construction, Ltd. d/b/a RoofTec, underscores three key principles: – contract conformity requires complete, not partial performance; – a buyer does not waive available remedies by accepting non-conforming goods; and, – a contractor seeking recovery must prove that its d

The Texas Supreme Court recently issued an important decision for contractors, subcontractors, and infrastructure companies involved in public roadway projects. In Third Coast Services, LLC v. Castaneda, the Court held that statutory protection under Section 97.002 of the Texas Civil Practice and Remedies Code does not depend on a direct contractual relationship with the Texas Department of Transportation (“TxDOT”). The opinion provides guidance on three recurring issues in roadway-construction litigation: whether Section 97.002 requires contractual privity with TxDOT, what it means to per

On February 9, 2026, the first jury was seated for the Texas Business Court in Powers et al. v. Berry et al. The Texas Business Courts were created on September 1, 2024. Powers v. Berry was originally filed state district court in October 2024 and was quickly removed to the Texas Business Court as it involved a business dispute with damages alleged to be between $30 million and $200 million. The dispute at issue involved ownership and control of a crude export terminal. Trial lasted eight days, after which the 12 jurors deliberated and returned a 10-2 verdict for Powers. Powers v. Berry serves

A Texas Court of Appeals recently upheld a $14 million verdict against a cellphone tower construction company and its employee, reasoning that the evidence was legally and factually sufficient to support the jury’s findings and the awarded damages was within the jury’s discretion. Q.A. Services, LLC (QA) builds cell phone towers. Kenneth Porter is a co-owner of QA and owns several trucks that were driven to jobsites by QA employees. Roger Landry, a former employee of QA, would travel to the jobsites where he helped build the cell phone towers. In December 2018, he drove to a jobsite near C